Editor, Author at SCC Times

A Significant Legal Conundrum in Section 7 under the Insolvency and Bankruptcy Code, 2016

by Mridul Chitransh* and Milan Asati**

Gauhati High Court appoints Retd. District and Sessions Judge, Nagaland as an arbitrator in lottery printing dispute with Nagaland Government

The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.

Hot Off The Press News

NHRC Takes Suo Motu Cognizance of Reported Death of Boy at Government-Run Juvenile Home in Delhi

The NHRC noted that the victim boy died due to injuries inflicted by fellow inmates.

Op Eds OP. ED.

Let Them Be Seen: A Case for Recording Every Advocate’s Presence in the Supreme Court

by Vanshaj Azad*

Case Briefs High Courts

Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters

“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”

Case Briefs High Courts

‘Right to life includes right to create life’; Rajasthan HC upholds Minor’s right to retain pregnancy against mother’s wishes

“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”

Op Eds OP. ED.

Operation Sindoor and the Commodification of National Sentiment: A Legal and Ethical Crossroads in Trade Mark Law

by Stuti Bisht*

Case Briefs High Courts

Orissa HC quashes Permanent Debarment of higher judiciary aspirant from Government Service over procedural lapse

“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.

Case Briefs High Courts

Delhi High Court directs Ghadi detergent to remove derogatory phrases targeting Surf Excel from its advertisements

It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.

Op Eds OP. ED.

Opportunity of Hearing to the Proposed Accused at Pre-Cognizance Stage in Complaint Cases: Implications of Proviso to Section 223(1) of the BNSS

by Amir Suhail*

Case Briefs High Courts

Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Gujarat High Court: Registration/permission from authorities is mandatory to use premises either as PG Hostels or Home Stays

The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.

Case Briefs High Courts

Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death

The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.

Case Briefs High Courts

Houses cannot be used as prayer halls without permission from authorities: Madras High Court reiterates

“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”

Case Briefs High Courts

Jammu & Kasmir & Ladakh HC orders return of 63-year-old woman deported to Pakistan after Pahalgam terror attack

“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”

Case Briefs High Courts

Bombay HC restores son & daughter-in-law’s eviction order under Senior Citizens Act emphasising on protection of life & property of the elderly

“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.

Case Briefs High Courts

Read why Allahabad High Court barred an Advocate from practising and entering its premises for three years

“Looking into the submission of the contemnor as also his previous conduct and punishments, we do not find any reason to accept his apology, as the same is very belated and is also not bona fide.”

Hot Off The Press News

NHRC takes suo motu cognizance of reported death of 2 workers after suspected poisonous gas leak at Pharma Unit at Anakapalli

The NHRC noted that the victim workers collapsed after inhaling the poisonous gas, suspected to have been released during the waste treatment process

Law Firms News News

Cyril Amarchand Mangaldas represents Elev8 Capital on its Series D investment into Smallcase Technologies

We acted as legal counsel to Elev8 Capital (lead investor), in their participation in Series D

Case Briefs High Courts

S. 197 CrPC | Police officer, allegedly exceeding official duty, is safeguarded by prior sanction if acts reasonably linked to official functions: Patna HC

“A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law.”